Legislature(1993 - 1994)
1993-04-30 Senate Journal
Full Journal pdf1993-04-30 Senate Journal Page 1974 HB 167 CS FOR HOUSE BILL NO. 167(FIN) "An Act relating to air quality control and the prevention, abatement, and control of air pollution; relating to inspection and enforcement powers of the Department of Environmental Conservation; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 1863. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 167(JUD) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 167(JUD) was read the second time. Senator Little offered Amendment No. 1 : Page 21, line 9: Delete "may" Insert "shall" Senator Little moved for the adoption of Amendment No. 1. Objections were heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 167(JUD) Second Reading Amendment No. 1 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor 1993-04-30 Senate Journal Page 1975 HB 167 and so, Amendment No. 1 failed. Senator Ellis offered Amendment No. 2 : Page 4, line 9: Delete "Before the department adopts" Insert "If requested by an owner or operator whose facility would be affected by" Page 4, line 23, after "reports,": Insert "if any," Senator Ellis moved for the adoption of Amendment No. 2. Senator Miller objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 167(JUD) Second Reading Amendment No. 2 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 2 failed. Senator Leman offered Amendment No. 3 : Page 42, line 21, after "REGULATIONS.": Insert "(a)" 1993-04-30 Senate Journal Page 1976 HB 167 Page 42, after line 24: Insert a new subsection to read: "(b) Notwithstanding AS46.14.010 - 46.14.015, added by sec.2 of this Act, and notwithstanding any other provision of this Act, a regulation in effect on the effective date of this section that regulates a facility, source, or air contaminant more strictly than required under 42 U.S.C. 7401 - 7671q (Clean Air Act), as amended, or that regulates a facility, source, or air contaminant that is not required to be regulated under42 U.S.C. 7401 - 7671q (Clean Air Act), as amended, remains in effect and may continue to be implemented and enforced until amended or repealed by the Department of Environmental Conservation. In addition, the department may repeal a regulation that is subject to this subsection and readopt its substance in another regulation without complying with AS46.14.010(b) - (d) or 46.14.015 if, upon readoption, the regulation is neither more stringent nor applicable to more facilities, sources, or air contaminants than it was before being readopted. In this subsection, "air contaminant," "facility," and "source" have the meanings given in AS46.14.990, added by sec.2 of this Act." Senator Leman moved and asked unanimous consent for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. Senator Ellis offered Amendment No. 4 : Page 13, lines 10-11 after "a": Delete "private, substantive," Senator Ellis moved for the adoption of Amendment No. 4. Senator Miller objected. 1993-04-30 Senate Journal Page 1977 HB 167 The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SCS CSHB 167(JUD) AM S Second Reading Amendment No. 4 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 4 failed. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 167(JUD) am S be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 167(JUD) am S be advanced to third reading?" The roll was taken with the following result: SCS CSHB 167(JUD) AM S Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the bill failed to advance to third reading.